How To Revive a Dead Trademark

Your trademark carries the name of your business with one symbol, and it works to give your customers easy recall of your products and services - a must if you want your company to succeed. That's why if your trademark is declared "dead" - that is, expired and unusable - you may want to take steps to "revive" it again. If you do want to revive a dead trademark, here are some steps to follow:

Know the reason for the trademark to be declared "dead".  The most common reason for a trademark going dead is that the trademark has expired, and that no moves for renewing it were undertaken. It could also be because of the discontinuity of the business.

Hire a patents and trademarks lawyer. For the safest route, it's best that you hire an attorney to help you with the legalities of your case. Check out these directories of law firms specializing in patent and trademarks in the United States:

Communicate with the US Patents and Trademarks Office. If you have proof that you have actually renewed the license for your business' trademark, then your route should be easier. Communicate with the US Patents and Trademarks Office (US PTO) and submit documents that show that you have undertaken appropriate action to renew your trademark. Be sure that you submit a notarized copy only, so that you will still have the original with you as proof. You would also want to give pertinent details such as the date of your correspondence, and the branch that you communicated with.

Reapply for the trademark. If, in fact, there was no action done to renew your trademark and the US PTO was correct in declaring your business trademark as "dead", then the next best plan of action is to apply again for your trademark. For steps on how to register your trademark, check out this page at the USPTO website.

Know that you still have common-law rights to your trademark. Remember, just because your rights to your trademark has expired doesn't mean that another company can adopt your trademark under your name. If you find out that another company has adopted your trademark, you can take legal action and sue the company for trademark infringement. This is because under common-law rights, you still have a right to your trademark. Consult with your attorney about this matter. 

Always keep organized records of your correspondences. Remember, it is very important that you always file and organize all your correspondences, so in case of complications later on, you will have hard copies and evidences of your communications with the US PTO. Be sure to take note of all deadlines for filing, and pay the necessary fees.

There you have it! These are just some of the things to remember when you are out to revive a dead trademark for your company. This need not be a complicated process; as long as you read up on the rules you have to follow and you comply with all the requirements, you'd be able to accomplish your goals in the least possible time. Good luck, and hope this helped you out! 


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